June 1654: An Ordinance for Indempnity to the English Protestants of the Province of Munster in Ireland.

June, 1654

[27 June. 1654.]

Defection of Ormond and Inchiquin.; British Protestants in Munster discharged for any matter or thing done against the Parliament, upon the terms herein expressed.; Their estates also discharged.; They shall be restored to their lawful Rights.

Whereas many English and Brittish Protestants in the Province of Munster in Ireland upon the defection of the Lords Ormond and Inchiquin, were seduced and drawn by the power and policy of the said Lords to follow them in their treacherous revolt, whereof divers being sensible of their offence, and retaining still a good affection to the interest of the Commonwealth of England, did give a real and eminent testimony thereof in their voluntary rendition of the Towns of Cork, Youghal, Kinsale, Bandon, and divers Forts, Castles and other Garrisons adjacent, and that at a time when the Army under the Command of His Highness the Lord Protector, then Lord Lieutenant of Ireland, being at a great distance from them, and the Winter season rendred the access thereof unto them improbable; By means of which rendition divers places of great strength were gained without expence of blood and treasure, and the necessities of the Army supplyed by that plentiful Countrey, where many sick and wounded Souldiers were tenderly cherished and provided for by the said Brittish and English Protestants; And divers others of the said Brittish and English Protestants did before the first of December, One thousand six hundred forty and nine submit themselves, and have ever since not onely lived peaceably under the Protection of, and obedience to the Commonwealth, but have by their large contributions to the supply of the Army there, evidenced their sense of duty and good affection to the same; and the inferior sort of them, who continued under the command of the said Earl of Ormond and Lord Inchiquin until necessity inforced them to a submission, have since their said submission done faithful service to this Commonwealth against the Rebels there; His Highness the Lord Protector taking into consideration the concessions granted by His Highness to invite the Return of the said Revolters to the obedience of the Parliament of the Commonwealth of England, and being desirous that the same may be duly performed, and that all such as were mis-led into that defection by misrepresentations from their Commanders, or by their power over them were kept from a more early submission, might in respect of their service and faithfulness since, taste of some grace and favor; and to the end their persons may be secure, their mindes composed, and they may be encouraged to persist in their fidelity and obedience, and themselves, their wives and children be enabled to live, and be useful to the Commonwealth; Be it Ordained by His Highness by and with the advice and consent of His Council, That all persons Brittish and Protestants of or in the Province of Munster in the Realm of Ireland, shall be, and are hereby freed, acquitted and discharged of, and from all Questions, Suit, Plea, Demand, Forfeitures, Pains, Penalties, Mulcts Corporal or Pecuniary, Restraints, Imprisonment or Imprisonments, Punishment or Punishments, Trouble or Molestation whatsoever (other then is hereafter in this Ordinance expressed) for any matter or thing by them or any of them committed or done by Sea or Land against the Parliament or their Forces in the late War, or any of the former Wars; and that for the matters aforesaid, there shall be no Sequestration, Confiscation, Fine, Penalty, Forfeiture or Punishment imposed or continued upon them or any of them (otherwise then is in this Ordinance hereafter expressed) but the same shall be put in perpetual oblivion. And also that the Estates real and personal of all the Brittish and Protestants of, or in the Province of Munster aforesaid (except as is hereafter in this Ordinance excepted and provided) shall be, and are hereby freed, discharged and acquitted of and from all Sequestrations, Confiscations, Fines, Penalties and Forfeitures whatsoever, for any matter or thing by them or any of them committed or done in the aforesaid Wars, and be immediately restored to all lawful Rights, Freedoms, Priviledges and Immunities, as fully to all intents and purposes, as if they had made no defection, or committed or done any Crime, matter or thing against the Commonwealth of England, or the Authority thereof.

This shall not give any right as to Arrears due for service before the Defection.

Provided, That this Ordinance or any thing herein contained shall not extend to, or give any Power, Right, Priviledge or Advantage to any the person or persons herein concerned, to have or recover any Arrear or satisfaction for Arrears due to him or them, for his or their service done on behalf of the Commonwealth, before his or their Defection under the Lords of Ormond or Inchiquin, such onely excepted for whom express provision is hereafter made in this Ordinance.

Persons submitting before the first of December, 1649

Provided likewise, and be it Ordained by the authority aforesaid, That all and every the person and persons, who submitted to the Authority and Protection of the Commonwealth of England before the first of December, One thousand six hundred forty and nine, but were not Instrumental in the rendition of the Garisons aforesaid, and have Estates (above all Reprizes) in Lands to the clear yearly value of four hundred pounds and upwards, according to the value of the said Lands in the year One thousand six hundred thirty eight, or in Goods, or in Goods and Chattels at this present, to the value of eight thousand pounds and upwards, shall be lyable to satisfie and pay such Fine or Fines as shall by persons thereto authorized be imposed upon them, within twelve Moneths after the seven and twentieth day of June One thousand six hundred fifty and four.

Persons continuing in Arms after the first of December, 1649.

Provided also, and be it Ordained, That all and every the person and persons who continued in Arms against the Forces of the Commonwealth of England, or remained in obedience to the Enemy, after the first day of December, One thousand six hundred forty and nine, having Estates in Lands to the clear yearly value (above all Reprizes) of fifty pounds or upwards, according to the value the said Lands were worth in the year One thousand six hundred thirty eight, or at present in Goods and Chattels to the value of five hundred pounds or upwards, shall be, and are hereby lyable to satisfie and pay such Fine or Fines, as shall by persons hereunto authorized be set and imposed on them respectively, within twelve Moneths after the said seven and twentieth day of June aforesaid.

This shall not extend to persons who since their submission have done any thing against the Commonwealth.

Provided likewise, That neither this Ordinance, nor any thing therein contained, shall extend or give any benefit or advantage to any person or persons therein concerned, who since their aforesaid submission have acted or done any matter or thing in opposition to the Commonwealth of England, or the Authority thereof.

Such Officers and Soldiers as the Lord Deputy and Council shall certifie, shall have arrears stated for service before the Defection.; What persons shall admitted to this benefit.; By whom such arrears shall be stated.

And it is further Ordained and Declared by the Authority aforesaid, That the Commissioners for stating Accompts in Ireland, named and appointed in an Act for stating and determining the Accompts of such Officers and Soldiers as are or have been imployed in the service of this Commonwealth in Ireland, shall be, and are hereby impowered and required to state all and every the Accompts of such Officers and Soldiers for their arrears grown due for service before the said Revolt or Defection, whose names shall be certified by and according to such Qualifications and Directions as they shall receive from the Lord Deputy Council in Ireland in that behalf. And the said Lord Deputy and Council are hereby authorized and appointed to admit to this benefit, such onely of the persons included within the Concessions first above-mentioned, as they (upon the best inquiry and information they can gain upon the place) shall finde to have been forward in or promoting of the said return in Munster to the obedience of this Commonwealth, and to lay down such general Rules or Qualifications for the guidance of the said Commissioners of Accompts therein, as they shall see cause. And the said Commissioners for Accompts shall thereupon proceed to state the Accompts of such of the said Officers and Soldiers, or compounding with them for the same, in like maner as they are by the said Act (Entituled, An Act for stating and determining the Accompts of such Officers and Soldiers, as are or have been imployed in the Service of this Commonwealth in Ireland) authorized to do for the Arrears of all other Officers or Soldiers, who have constantly adhered to the Parliament, and to give forth unto them Debentures accordingly, Any thing in the said former Act for stating Accompts, or any other Act, Declaration, Ordinance or Order of Parliament to the contrary notwithstanding.

Such Officers and Soldiers shall have satisfaction by forfeited lands as others.

And be it further Ordained and Declared by the Authority aforesaid, That such of the said Officers and Soldiers shall have and receive in satisfaction of their said Arrears so stated, forfeited Lands of the Rebels in Ireland. in like maner, and upon the same terms as other Officers or Soldiers are or shall be appointed by any Act of Parliament to receive for their Arrears, grown due for service before the nine and twentieth of June, One thousand six hundred forty and nine.

None shall be capable of Such Arrears who have been in hostility since, &c.

Provided always, That no Officer or Soldier shall be capable of having or receiving his Arrears as aforesaid, who hath been in hostility against the Parliament, or adhered to the Enemy since the first day of December, One thousand six hundred forty and nine, or hath not manifested constant good affection to the Parliament since the return of the said Garisons and Forts in the Province of Munster, to their due obedience, or who hath been cashiered and sentenced by a Court Martial to loose his Arrears.

This shall not take away the Restrictions or Limitations touching Certificates or Vouchers for Arrears, nor the penalty for false Certificates.

Provided Also, That this Ordinance or any thing therein contained, shall not extend to the taking away any Limitations or Restrictions directed or provided by the Act for stating Accompts, concerning the Certificates or Vouchers to be produced to evidence any Arrears, nor to the making void any Penalty by the said Act laid on any that shall make, procure or produce any false Certificate or Oath, thereby fraudulently to demand Arrears in prejudice of the Commonwealth.

Persons by name exempted from Pardon for Life and Estate excepted.; As also such as have not lived peaceably since the 10 of May 1650.

Excepted and always reserved out of this present Ordinance and all benefit thereof, all and every the person or persons who are by name exempted from pardon for Life or Estate in one Act of Parliament, Entituled, An Act for the setling of Ireland, bearing date the twelfth day of August, One thousand six hundred fifty and two, or who have not since the tenth of May, One thousand six hundred and fifty, lived peaceably and inoffensively under the Protection of this Commonwealth.

The Indempnity hereby granted shall be taken most beneficial to the persons to whom it is granted.

And furthermore, it is Ordained and Declared by the authority aforesaid, That the Indemnity by this Ordinance granted by the General Words, Clauses and Sentences before rehearsed, shall be reputed, allowed and taken in all maner of Courts of Justice, or elsewhere, most beneficial and available to all and singular the persons to whom the same is hereby granted, and to every of them in all things not in this present Ordinance excepted, without any ambiguity, question, or other delay to be made, pleaded or objected by any person or persons, for or on the behalf of the Commonwealth.